Reconceptualising Arbitrability In Competition Law Disputes Arising From M&A

Introduction

The digital sector is rapidly evolving and is characterised by very complex contractual arrangements and rapidly evolving regulation. Most transactions (M&A in a digital market) have highly detailed transactional documentation regarding the significant terms of the transaction with respect to the data sharing, system integration, data transfer, clean team provisions, the market position, and behaviour of the parties post-close. As a result, arbitration is becoming the preferred method for resolving disputes that arise out of a digital marketplace transaction due to the fact that arbitration is private, efficient, and capable of being enforced in multiple jurisdictions.